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The following Commercial news provides comprehensive and up to date legal information on Commercial weekly highlights—17 July 2025
Fiduciary DutiesWho is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under...
RepudiationThis Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes...
If a contract’s actual date and effective date are different, is the effective date enforceable?For the purposes of this Q&A we have assumed this...
Agent and principal relationships with third partiesThis Practice Note deals with the relationships arising between principals, agents and third...
How is the governing law of a contract determined if the contract is silent?The governing, or applicable law is the law that governs a dispute between the parties. Generally, parties have the freedom to choose the applicable law. However, where they have failed to do so then the applicable law will
How do the English courts interpret the term ‘special damages’ in the context of a contractual limitation of liability provision? How is US-specific terminology interpreted in this context?The English courts’ approach to exclusion and limitation of liability clauses is considered in detail in
What is the difference between negligence and gross negligence in commercial contracts?In this Q&A we refer to the concepts of negligence and gross negligence within a business-to-business contract, and not, gross negligence in relation to the crime of corporate manslaughter.Negligence vs gross
If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some
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